Witness jailed for refusing to testify

STOCKTON - For the third time in the murder trial of Percy Camel, a witness has been found in contempt of court for refusing to testify against the defendant who is a documented gang member.

Jennie Rodriguez-Moore

STOCKTON - For the third time in the murder trial of Percy Camel, a witness has been found in contempt of court for refusing to testify against the defendant who is a documented gang member.

Camel is accused of fatally shooting two men during a period of surging gang violence about three years ago.

Reluctance to testify has been a trend in the trial. However, two of the three witnesses who have been jailed for their failure to follow court orders - who are Camel's friends - did eventually point the finger at the defendant.

Camel is charged with the murder of 21-year-old Roberto Hernandez, who was standing with a group on Skyline Drive, just north of Amsterdam Place, when he was shot to death in December 2009.

Camel also is charged with the murder of 24-year-old Francisco Bernardino, who had driven up to the USA gas station on Mariposa Road and Eighth Street in February 2010, when he was ambushed by gunmen. A passenger in Bernardino's car also was struck, but he survived the injuries.

One of the jailed witnesses who ultimately testified, Chris Padilla, said he and the defendant had gone to the Palladium club in Modesto the night of the gas station incident.

At the club, Padilla got involved in a physical altercation with a man nicknamed "Chulillo," the boyfriend of a girl with whom Padilla had been involved, he testified. That incident set in motion a search for Chulillo.

Padilla said he eventually gave up the mission, but Camel went on without him. And the next day, Camel told him he and another friend had caught two of Chulillo's friends "slippin" (caught off guard) and "blasted" them.

Padilla also said the defendant admitted to the Skyline Drive shooting. Camel believed the group was responsible for an earlier shooting at his home.

Padilla, who spent a weekend behind bars for contempt of court, changed his mind after prosecutors granted him immunity. His statements may not be used against him.

Another witness, 18-year-old Marquise Trishell, testified to hearing Camel brag about shooting two guys who had shot at his mother's house.

Trishell testified after having spent weeks in jail for ignoring two court subpoenas.

San Joaquin County Chief Deputy District Attorney presented ballistic evidence that connected Hernandez's shooting to a 9 mm pistol found at a home of one of Camel's friends. Bullet casings found at the scene of Bernardino's shooting matched an M1 semiautomatic rifle seized from the trunk of Camel's car.

On Wednesday, prosecutors hoped another of Camel's friends, Misael Cruz, would break his silence.

Cruz, 24, has been in the San Joaquin County Jail since September. He was escorted into court in shackles and orange jailhouse clothing for a second attempt at questioning him in trial. He had a privately retained attorney by his side.

After he continued insisting on not taking an oath or answering any questions, repeating the words "I refuse," Superior Court Judge George Abdallah found him in contempt of court and remanded him back to jail.

Cruz will again be transported to court today for another opportunity to testify. Patrick Piggott, dean of the Laurence Drivon School of Law in Stockton, said the refusal to cooperate is a common occurrence in gang-related cases.

"It's hard for the general public to understand that people lie for many reasons," Piggot said. Reasons include protecting a defendant, fearing retaliation and withholding information that could also incriminate the witness.

"In gang cases, it's even more serious because there could be retribution from other gang members," Piggott said. "The power of a gang is control over its members."

But it's often crucial to the case that the information be revealed. "These are very difficult situations," Piggott said.

Camel is facing life in prison without the possibility of parole if convicted of the charges.